Impaired Driving Charges? How a Toronto-Area Lawyer Can Help You Fight the Penalties

Impaired driving is one of Canada's most serious traffic offences, with far-reaching consequences that can affect your personal and professional life. Research shows that every hour an average of 10 criminal charges, as well as provincial short-term licence suspensions, are issued for drug or alcohol-impaired driving across the country.

If you’ve been charged with impaired driving in the Toronto area, seeking legal help is important. In this blog, we will explore the potential legal penalties for impaired driving and how a lawyer can help minimize the consequences.

Let’s take a look

Understanding the Legal Consequences of Impaired Driving in the Toronto Area

Driving under the influence of drugs or alcohol is not taken lightly in Canada, and the possible legal penalties can be severe, even for first-time offenders. Let’s check out the potential consequences of a first-time impaired driving offence in Ontario.

 

Monetary Penalties and Associated Costs

Driving under the influence of drugs or alcohol is not taken lightly in Canada, and the possible legal penalties can be severe, even for first-time offenders. Let's check out the potential consequences of a first-time impaired driving offence in Ontario.

 One of the most immediate penalties following a DUI conviction is a fine. In Canada, the mandatory minimum fine for a first-time conviction of impaired driving is $1,000. If your blood alcohol concentration (BAC) is exceptionally high, the fine may increase to $1,500 or more. However, this fine is just the beginning. Additional costs may include:

● Towing and impound fees

● Mandatory treatment programs

● Fees for licence reinstatement

 

Towing fees are incurred for transporting a vehicle to a tow yard. These charges can differ depending on the distance covered, the complexity of the tow, and the time of day. Impound fees apply to all vehicles placed in an impound lot unless the vehicle was reported stolen.

Mandatory treatment programs are court-ordered rehabilitation programs designed to help individuals convicted of impaired driving address substance abuse issues, generally involving alcohol or drugs, as part of their sentencing. These programs aim to reduce the likelihood of repeat offences.

Moreover, a DUI conviction will impact your car insurance premiums, as insurance companies will classify you as a high-risk driver when you are convicted. This often leads to increased premiums, and, in some cases, you may struggle to find an insurer willing to cover you.

 

Licence Suspension

Another consequence of impaired driving is the suspension of your driver's licence. In Ontario, roadside sanctions are becoming increasingly strict, meaning drivers caught driving under the influence face immediate licence suspension. For first-time offenders, the suspension periods can vary depending on the situation. You could face a 3, 7, or 30-day suspension if:

 

● You refuse to submit to a breath test.

● A breath test shows a BAC of 50-79 milligrams.

 

If your BAC exceeds 80 milligrams, the consequences are even more severe. You will be arrested and formally charged with driving over the legal limit. Beyond the initial suspension, the court could impose further licence suspensions if convicted, affecting your ability to drive for months or even years.

 

Criminal Record and Jail Time

Under Section 320.19 of the Criminal Code, a first-time DUI conviction in Canada can lead to a jail sentence of up to two years. The possibility of jail time adds another layer of seriousness to impaired driving charges, especially for those facing their first offence.

A criminal record can make it difficult to find employment, especially in roles requiring background checks. It can also hinder your ability to travel internationally, including to the United States, where individuals with DUI convictions are often denied entry.

In Canada, all DUI-related criminal records are listed on the Canadian Police Information Centre (CPIC) database, which is accessible to law enforcement and other relevant authorities. Although you may apply for a pardon or record suspension, this process cannot begin until at least five years after your sentence is completed. Even then, there is no guarantee that your application will be successful.

 

How a Toronto-Area Impaired Driving Lawyer Can Help

If you have been charged with impaired driving, dealing with the legal system on your own can be daunting. A Toronto-area impaired driving lawyer can help protect your rights and ensure you receive the best possible outcome. Here are some ways they can help:

Protecting Your Rights

An experienced impaired driving lawyer will review the circumstances of your arrest and ensure that law enforcement follows proper procedures. If your rights were violated during the arrest or breathalyzer test, your lawyer can use this information to challenge the evidence against you.

Dealing With the Legal Process

The legal process for impaired driving charges can be complicated, especially for first-time offenders who may not be familiar with Ontario's DUI laws. Your lawyer will guide you through every step of the process, from understanding the charges to appearing in court. They can help you avoid common pitfalls and meet all deadlines for filing paperwork or making court appearances.

Mitigating the Penalties

Although the penalties for these driving offences are severe, a lawyer can work to reduce them. In some cases, they may be able to negotiate with the prosecution to secure a lesser charge, such as careless driving, which carries fewer penalties and does not result in a criminal record. Even if a reduction in charges is not possible, a lawyer can argue for leniency in sentencing, potentially reducing the length of your licence suspension or the amount of your fine.

Assistance with Record Suspensions

If you are convicted of impaired driving, a lawyer can assist you with applying for a record suspension (formerly known as a pardon). While the process is lengthy and not guaranteed, having legal representation increases your chances of a successful application.

Impaired driving is a serious offence in the Toronto area, as elsewhere, and the consequences can follow you for years. Even a first-time offence can result in hefty fines, a suspended licence, a criminal record, and potentially jail time. However, you don’t have to face these challenges alone. If you’ve been charged with impaired driving or any criminal offence, seek legal assistance today from a criminal lawyer in Toronto-area to ensure that your future is not defined by this one mistake.